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LOWRY v. SECRETARY OF HEALTH AND HUMAN SERVICES

No. 98-5181.

189 F.3d 1378 (1999)

Erick LOWRY, a minor, by and through his legal representative, Jean LOWRY, Petitioner-Appellant, v. SECRETARY OF HEALTH AND HUMAN SERVICES, Respondent-Appellee.

United States Court of Appeals, Federal Circuit.

September 3, 1999.

Attorney(s) appearing for the Case

Peter H. Meyers, Attorney, George Washington University Law School, Jacob Burns Community Legal Clinics, Washington, DC, argued, for petitioner-appellant.

Mark W. Rogers, Attorney, Torts Branch, Civil Division, Department of Justice, Washington, DC, argued, for respondent-appellee. With him on the brief were David W. Ogden, Acting Assistant Attorney General, Helene M. Goldberg, Director, John Lodge Euler, Deputy Director, and Eleanor A. Barry, Trial Attorney.

Before MICHEL, GAJARSA, Circuit Judges, and CUDAHY, Senior Circuit Judge.

DECISION

GAJARSA, Circuit Judge.

Petitioner Jean Lowry, as the legal representative of her minor son, Erick Lowry, appeals the order of the United States Court of Federal Claims Docket No. 94-451V, in which the court affirmed the Special Master's dismissal of the petitioner's claim under the National Childhood Vaccine Injury Act of 1986, as amended, 42 U.S.C. § 300aa-1 to 34 (the "Act"). The issue before us is straightforward: whether the provision...

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